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Terms of service

General Terms and Conditions (GTC) of Biohof Stövesandt in the retail sector (B2C)

Preamble

(1) We (details about the person Section 2) operate an online shop under the Internet domain http://www.bio-opc-aronia.com where our customers are offered products for sale. (2) The business relations between the customers of our online shop and us are based on these General Terms and Conditions (GTC).

 

Section 1 [Scope]

(1) These General Terms and Conditions apply to all contracts, deliveries, offers, sales contracts and other services of the online shop between us and our customers. (2) Customers within the meaning of these terms and conditions are exclusively consumers within the meaning of Section 13 of the German Civil Code (BGB). (3) These General Terms and Conditions apply exclusively; Any conflicting or deviating terms and conditions of the customer shall not be accepted, unless we have expressly agreed to their validity. (4) The general terms and conditions herein shall also apply if we execute the delivery without reservation in the knowledge of conflicting or deviating terms and conditions of the customer. (5) As long as no other contract is contractually stipulated, the contracts concluded are expressly not a trial purchase. (6) We are entitled to amend or supplement these General Terms and Conditions at any time. (7) However, the version in force at the time of conclusion of the contract is decisive.

Section 2 [Contractor]

(1) The contract is concluded with us by Biohof Stövesandt, Hermann Reinecke, Hagen 8, 29303 Bergen. (2) You can also reach us under info@bio-opc-aronia.com.

 

Section 3 [Contract Conclusion]

(1) The presentation of the items in our online shop does not constitute a legally binding offer, but is to be understood as an invitation to order. (2) The customer can select the products from our assortment and collect them via the button "to the shopping cart" in a so-called electronic shopping cart. (3) The customer makes a binding request for the purchase of the goods in the shopping cart via the button in the shopping cart system, which triggers the order subject to payment. (4) However, the application can only be submitted and transmitted if the customer accepts these terms and conditions by clicking on the button "Accept terms and conditions" and has thereby incorporated them into his application. (5) The binding order of the customer then constitutes a binding offer, which can be accepted by us within 3 days – starting from the first working day after the order/offer – by sending an order confirmation or by delivery of the goods. (6) We hereby point out to the customers that the confirmation of receipt of the order does not constitute a declaration of acceptance in the aforementioned sense. (7) Previously submitted offers by us are subject to change. (8) The information in the product description is industry-standard approximations. (9) Technical changes or deviations in terms of shape, colour and/or weight are reserved within the reasonable limits. (10) Illustrations or drawings contained in the brochures, advertisements and other offer documents are only approximate (e.g. certain colours cannot be digitised realistically and thus presented due to a technical degree) unless the information contained therein has been expressly designated as binding by us.

 

Section 4 [Prices]

(1) The prices of the items are in euros per piece including the applicable statutory value added tax. (2) The offered purchase price is binding. (3) List prices shall apply at the time of ordering. (4) The prices are basically the prices stated in the shopping cart system of the website at the time of ordering. (5) Deviating price information, which may be displayed on the pages of the online catalogue or which are loaded from caches (e.g. browser cache, proxies, etc.) are non-binding. (6) The duration of the prices in the catalogues, advertisements or flyers always extends only until the publication of the next catalogue, flyer or the next advertisement. 7. Actions shall apply only for their specified and designated period. (8) Prices are at no cost for packaging and shipping. (9) If further costs, such as customs duties, become necessary, these are not included in the price, but are indicated separately at the latest on the last order page.

 

Section 5 [Terms of Payment]

(1) At the conclusion of the contract, we invoice the customer for the total order price (incl. VAT) and with all other costs of the order (see section 4). (2) As payment modalities, the customer is free to pay according to the options of the ordering process (currently PayPal, instant transfer, Klarna, credit card and prepayment). (3) Upon conclusion of the contract, the full invoice amount becomes due immediately and must be paid to us within 10 working days after receipt of the invoice without deduction and right of retention. (4) The crediting to our account is decisive for the timeliness of payment. (5) Delivery shall take place only after full payment of the invoice amount (prepayment).

 

Section 6 [Delivery]

(1) Upon receipt of payment, the ordered goods shall be handed over to the shipping company (dispatch of the goods by post) within 2-3 working days. (2) The goods are then delivered in Germany within a further 2-3 working days from the handover to the shipping company. (3) The dates are to be understood as the estimated shipping time, unless they have been agreed individually between the parties. (4) We are only entitled to partial delivery and partial performance, provided this is reasonable for the customer. (5) Partial shipment is to be carried out only after consultation with the customer. (6) Additional shipping costs may be incurred.

 

Section 7 [Desetting, retention and transferability of rights]

(1) The offsetting of the customer with his counterclaims is excluded, insofar as it does not refer to counterclaims recognised by us, undisputed or legally established counterclaims. (2) However, customers may exercise the right of retention if their counterclaim relates to the same contractual relationship. (3) The customer can transfer the rights and obligations under this contract to a third party only after our prior written consent.

 

Section 8 Right of Withdrawal

Paragraph 1 (Withdrawal Policy)

(1) The customer, as a consumer, is in principle entitled to a statutory right of withdrawal when concluding a distance selling transaction, about which we inform below in accordance with the statutory model. (2) The exceptions to the right of withdrawal are laid down in paragraph 2. (3) In paragraph 3 there is a model withdrawal form.

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Cancellation:

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods. In order to exercise your right of withdrawal, you must contact us,

Biohof Stövesandt

Hermann Reinecke

Hagen 8

29303 Bergen

info@bio-opc-aronia.com
Phone Number +49 1732914762
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation:

If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without unduly and at the latest within fourteen days from the day on which we receive notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; under no circumstances will you be charged any fees for this repayment. We may refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must inform us of the goods immediately and in any case no later than fourteen days from the day on which you inform us of the revocation of this contract.

Biohof Stövesandt, Hermann Reinecke
Hagen 8, 29303 Bergen,
to be returned or handed over. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, characteristics and functioning of the goods.

End of the revocation instruction

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Paragraph 2 (Exclusion of the right of withdrawal)

The right of withdrawal does not exist, among other things, in the case of delivery of goods,

- the supply of goods manufactured to the customer's specifications or which are clearly tailored to personal needs or which, by their nature, are not suitable for return or which are capable of quickly spoiling or whose expiry date would be exceeded,
- which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery, or
- if, on the basis of their nature, these goods have been inseparably mixed with other goods after delivery.

Paragraph 3 (sample withdrawal form)

In accordance with the statutory regulations, we inform about the model withdrawal form as follows and attach it to:

Sample withdrawal form

(If you want to cancel the contract, please fill out this form and send it back.)

— Biohof Stövesandt, Hermann Reinecke, Hagen 8, 29303 Bergen, info@bio-opc-aronia.com:

— I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following goods (*)/

Goods (*)

— Ordered on (*)/received on (*)

— Name of the consumer(s)

— Address of the consumer(s)

— Signature of the consumer(s) (only for paper communication)

— Date

(*) Incorrect deletion

Paragraph 4 (Notes)

(1) Please avoid damage and contamination. (2) If possible, please return the goods to us in their original packaging with all accessories and with all packaging components. (3) If necessary, use a protective outer packaging. (4) If you no longer have the original packaging, please provide sufficient protection against transport damage with appropriate packaging to avoid claims for damages due to damage caused by defective packaging. (5) Please note that the modalities referred to in this paragraph (paragraph 4) are not prerequisites for the effective exercise of the right of withdrawal.

 

Section 9 [Notes on Data Processing]

(1) We collect data from the customer in the context of the processing of contracts. (2) However, we pay particular attention to the provisions of the Federal Data Protection Act and the Telemedia Act. (3) Without the consent of the customer, the provider will only collect, process or use the customer's inventory and usage data to the extent that this is necessary for the processing of the contractual relationship and for the use and billing of telemedia. (4) Without the consent of the customer, we will not use the customer's data for the purposes of advertising, market or opinion research. (5) The customer has the possibility at any time to ask us for the data stored by him, to change it or to delete it. (6) In addition, in relation to the customer's consent savers and further information on the collection, processing and use of data, reference is made to the data protection declaration, which is available on the website at any time in printable form.

 

Section 10 [Warranty Rights]

(Paragraph 1)

(1) The warranty rights in the event of defective delivery shall comply with the statutory provisions, unless any restrictions have been made subsequently. (2) The customer must notify us of obvious defects within two weeks of the occurrence of the defect in text form (e.g.: letter or email). (3) It is sufficient to send the advertisement in due time. 4. If the notification in accordance with sentence 2 is not made within the aforementioned period, the warranty rights shall expire if they relate to these obvious defects. (5) This does not apply if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item.

(Paragraph 2)

The customer does not receive any legal guarantees from us.

 

Section 11 [Liability]

(Paragraph 1)

(1) Our liability for contractual breach of duty as well as for offences is limited to intent and gross negligence. (2) This limitation of liability does not apply in the event of injury to the life, body and health of the customer, claims for breach of essential contractual obligations (cardinal obligations) and compensation for damages caused by delay (Section 286 of the German Civil Code). (3) Liability in the event of a breach of essential contractual obligations shall be limited to the regularly foreseeable, typical damage, unless there is intent or gross negligence. (4) The provisions of the Product Liability Act remain unaffected.

(Paragraph 2)

The above-mentioned disclaimer also applies to slightly negligent breach of duty by any employees, representatives and vicarious agents of our employees.

 

Section 12 [Right of withdrawal of Biohof Stövesandt]

(1) Delays in delivery and performance due to long-term force majeure (e.g.: operational disruptions, wars, strikes, official orders or defects in raw materials), which are not only of a temporary nature and are not the right of us to do so. to withdraw from the contract. (2) We are also entitled to withdraw from the contract if a contract has been entered into with a pre-supplier to cover the customer's order (cover transaction) and the latter does not deliver the ordered goods and the resulting impediment to performance has been created by us through no fault of our own. (3) In the above-mentioned cases, we shall of course undertake to inform the customer immediately of this faultand and to reimburse the consideration of the contractual partner without delay.

 

Section 13 [Final Provisions]

Paragraph 1 (Court of Jurisdiction)

If the customer is a consumer and does not have his general place of jurisdiction in Germany or in another EU Member State, the exclusive place of jurisdiction for all disputes arising from this contract, which is the registered office of Biohof Stövesandt, is competent court.

Paragraph 2 (Applicable Law)

To the exclusion of the provisions of the UN Convention on Contracts for the Sale of Goods, the law of the Federal Republic of Germany applies.

Paragraph 3 (Salvatory clause)

(1) Should any of these provisions be or become ineffective or unenforceable, this shall not affect the validity of the remaining provisions. (2) Instead of the invalid or unenforceable provision, the relevant statutory provisions shall apply. (3) The same applies in the event of a regulatory gap.

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